The Internal Revenue Service and the Treasury Department released guidance Wednesday on claiming deductions for expenses associated with Paycheck Protection Program loans that have been forgiven.
The guidance in Revenue Ruling 2021-02 also reverses previous guidance issued last year by the IRS and the Treasury when Treasury Secretary Steven Mnuchin fiercely opposed the ability to deduct expenses related to forgiveness of PPP loans. Industry groups, including the American Institute of CPAs, lobbied for the ability to write off such expenses, arguing it would help struggling businesses and was in line with congressional intent when the CARES Act was passed last year setting up the PPP loans as a way to get money quickly into the hands of desperate business owners. The latest coronavirus relief bill included a provision that allows the expenses to be deductible and revives the PPP with a fresh round of $284 billion in funding. It will allow expenses related to seeking forgiveness of the Small Business Administration-backed loans to be deducted by businesses that received the loans, so businesses will be able to engage accountants to help with the task of applying for PPP loan forgiveness.
Wednesday’s revenue ruling reflects some of the changes to the tax laws that were included in the COVID-related Tax Relief Act of 2020, which was enacted as part of the Consolidated Appropriations Act of 2021, signed into law on Dec. 27, 2020. The COVID-related Tax Relief Act of 2020 amended the CARES Act to specify that no deduction would be denied, no tax attribute would be reduced, and no basis increase would be denied by reason of the exclusion from gross income of the forgiveness of an eligible recipient’s covered loan. The change applies for tax years ending after March 27, 2020.
Russell Berger is vice president of IT and network services at InTouch Health, and was instrumental in securing the vendor’s HITRUST CSF Certified designation in December 2017.
Johannes-Tobias Lorenz leads McKinsey’s work in digital insurance in Europe, helping insurers build their digital strategies, expand and serve direct markets, and strengthen their customer-service experience.
He also oversees the firm’s global customer experience for financial-services activities, helping financial institutions around the world transform the ways they meet the needs of increasingly demanding customers.
Some of his recent client work includes building a digital strategy for a leading global insurer and helping launch direct insurance players in Germany and other European markets. He also assists clients across Europe in areas such as social-media strategy and digital enablement of the tied-agents channel. Other projects include working with a number of insurers to digitize their customer journey for processes such as claims, life-insurance onboarding, and auto-insurance sales.
Furthermore, Lorenz helps private-equity firms on due diligences and portfolio work.
Lorenz has coauthored several McKinsey articles about issues confronting the insurance industry, such as insurance fraud and digital transformation.
Tanguy Catlin leads McKinsey's North American P&C Insurance Practice.
In addition, he is a leader of McKinsey’s Digital Strategy Practice and Digital Quotient™ (DQ) initiative, and helps companies build out their digital capabilities to deliver rapid results and sustained growth. DQ is an assessment that allows organizations to clearly identify their digital strengths and weaknesses across different parts of the organization, and compare them against hundreds of organizations around the world.
Catlin works with leading global financial service firms on multichannel distribution strategies, digitally enabled business model transformations, large scale marketing and sales programs. He also serves insurance clients more broadly on topics ranging from strategy and organization to operations, technology, claims, and underwriting.
His recent client engagements include assisting a top-ten property-and-casualty and life insurer in building an internal digital agency, helping a US multiline carrier accelerate test-and-learn capabilities and a personalization engine for its online channel, and working with a number of major multiline players to optimize their marketing spending across media, channels, and products.
Catlin frequently contributes to industry publications and has authored several McKinsey white papers on issues confronting the insurance industry.
Catlin is member of the Alumni Board of the MIT Sloan School of Management and a former board member of the Massachusetts chapter of March of Dimes, a nonprofit organization that works to improve the health of mothers and babies.
The new revenue ruling thus obsoletes the old guidance from the IRS and the Treasury last year in Notice 2020-32 and Revenue Ruling 2020-27, which said the PPP loan forgiveness expenses couldn’t be deducted. The obsoleted guidance disallowed deductions for the payment of eligible expenses when the payments resulted (or could be expected to result) in forgiveness of a covered loan, but that has been changed now in the new guidance.
“This law uncategorically says that all expenses that were paid to meet the requirements of having the PPP loans forgiven are now deductible,” said Evan Morgan, director of tax services at Kaufman Rossin, which does tax and accounting work for many professional services clients, including law firms and doctors’ offices. “That’s a very big deal, particularly because they weren’t sure how to plan for this because professional services firms are a little bit different than normal entities in that they like to pay out all of their profits in the form of salaries prior to the end of the year.”
Howard Wagner, a partner in the Washington national tax practice at Crowe, believes the IRS and the Treasury took the correct position last year on nondeductibility of PPP loan forgiveness expenses, but acknowledged it was politically unpopular and didn’t survive. However, there may be some extra complexity in accounting for the reversal on financial statements. “The interesting thing on the PPP is because the Service had said they were nondeductible, you had to account for them in your provision as if they were nondeductible,” he said. “And now you have to go back and adjust your provision for the fact that they will be deductible. That impacts the tax rate and that impacts your financial statement tax provision.”
